Microsoft Starts Legal Fight Over Lindows Name
actappan writes: "Whether or not Lindows is real, this article on CNET News.com indicates that Microsoft intends to sue them into oblivion. Looks like supression remains the best way to promote innovation." cyberlawyer adds: "Some of you may remember that MS originally had great difficulty obtaining a trademark for the generic term 'Windows' but was eventually able to pay off those who had filed letters of protest to the granting of the mark including Sun, Oracle, and Borland. As a trademark lawyer I (unhappily) have to admit that Lindows probably has a weak case. Of course it's never too late to bring a cancellation action based on genericide ;-)" CodeWheeney contributes a link to coverage at Yahoo, too.
Microsoft claims that "windows" is special and can be trademarked. On the other hand, they claimed (but eventually lost in court) that "Internet Explorer" is a generic term. They claimed that the word "internet" is too generic.
Microsoft has submitted 19 other trademark infringement complaints .... they include the products:
Bindows
Cindows
Dindows
Findows
Gindows
Hindows
Jindows
Kindows
Mindows
Nindows
Pindows
Qindows
Rindows
Sindows
Tindows
Vindows
Xindows
Yindows
Zindows
These are made by various national and international companies in 14 different countries.
Microsoft spokesman Harry Manback maintains these steps are necessary to protect Microsoft's ability to innovate. "If we can't claim words from English and other languages as our own, how can we possibly sell a product to the public?".
When asked about the possibility that Windows could become so popular that the public interprets Windows as a generic term, not unlike Kleenex, Manback replied "Kleenex has competitors. The issue is moot if the product in question has no competitors. We believe that Windows has no serious competitors now and absolutely will not in the future. The Windows name will be synonymous with operating systems."
When told that what he just said was a contradiction, Manback exclaimed "Gimme that notebook or I'll sue your ass!".
----- rL